Q: California civil what are the standard and rule for a lawyer formally appearing before court on behalf of some1?
My daughter lawyer works for a law firm. The firm is listed on her complaint but the lawyer representing her didnt say she is the attorney of record….She only say “I am a attorney for— then she say her law firm” She never say appearing on behalf or for my daughter (plaintiff), no notice of appearance etc. I don’t want this lady screw up my daughter’s settlement. Can anyone point me to California law for this? Or advice?
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A:
In California, an attorney must formally appear before the court on behalf of a client to represent them in a legal matter. Typically, this involves filing a Notice of Appearance with the court, stating that the attorney or law firm is representing the client in the case. This notice helps ensure that the court and all parties are aware of who is representing whom.
If your daughter's attorney did not clearly state that she is representing your daughter (the plaintiff), this could lead to confusion. It is crucial that the attorney explicitly mentions that she is appearing on behalf of your daughter to avoid any issues with the court proceedings or settlement process. An attorney’s proper identification of their client in court helps maintain clear communication and legal responsibility.
You may want to ask the attorney directly about this matter and ensure that a formal Notice of Appearance has been filed. It is also wise to verify this with the court's records. If there are any concerns, your daughter might consider discussing them with another legal professional for a second opinion to ensure her interests are fully protected.
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